Judge reverses decision to suspend Jin Asian license

Jin Asian Restaurant/Orchid Nightclub is open after a judge lifted the temporary entertainment license suspension imposed by the Board of Selectmen.

Mike Gaffney

Jin Asian Restaurant/Orchid Nightclub is open after a judge lifted the temporary entertainment license suspension imposed by the Board of Selectmen.

Board members voted 3-0 to suspend Jin Restaurant’s entertainment license in the aftermath of a triple shooting that occurred outside the Route 1 North complex on Sept. 19.

But attorney Frank Russell appealed the board’s decision and an Essex Superior Court judge granted Jin an injunction preventing enforcement of the suspension until a formal appeal is heard.

Selectmen learned of this latest development at 3:30 p.m. Friday when special town counsel Ira Zaleznik’s phone rang with the news. The board had called a meeting at the Public Safety Building to discuss possible further action against Jin.

Selectman Peter Rossetti Jr. said the judge took issue with the fact the selectmen failed to immediately call a show-cause hearing to determine whether Jin should face disciplinary action.

“We had a good fight but unfortunately they ruled against us on technicalities,” Rossetti remarked.

The board called an emergency session less than 24 hours after the shooting and imposed the license suspension based on Police Chief Domenic DiMella’s recommendation.

At court Zaleznik argued the violence at Jin has escalated to the point that the establishment has become a ticking time bomb.

Zaleznik expressed concern that Jin could be the scene of gang retaliation should the nightclub open over the weekend.

In fact, DiMella reported the Boston Police gang unit indicated the triple shooting in the Jin parking lot was in fact gang-related.

DiMella informed the board how one victim of last weekend’s shooting refused to cooperate with detectives, stating that to do so would be a death sentence.

The chief also related how the suspect arrested on three counts of armed assault with intent to murder told police he couldn’t have been the shooter because if he had pulled the trigger “everyone would be dead.”

Based on his 20 years experience as a police officer and the possibility of gang retaliation DiMella asked the board to keep the entertainment license suspension in effect until a show-cause hearing is scheduled.

“Can I say with 100 percent certainty there will be gang violence, no,” DiMella said. “Is there potential for it, yes.”

Conversely Russell claimed the selectmen discriminated against his client’s First Amendment rights by taking such restrictive action against the entertainment license.

Selectman Stephen Castinetti found it difficult to accept the court’s ruling.

“I’m disappointed in the decision of the court,” Castinetti said. “I find it extremely contrary to reasonableness based on what happened last week.”

After about an hour-long discussion the selectmen voted 4-0 to bring Jin Asian Restaurant before them for a show-cause hearing.

Board members set two dates – Oct. 6 and 7 – to determine whether the establishment’s liquor and entertainment licenses should be suspended or revoked.

Castinetti said he hopes and prays no more violence erupts this weekend at Jin. DiMella said he has contingencies in place to protect patrons and police officers, though he declined to elaborate on the specifics.